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car payment $600 a month, will TT allow it

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    car payment $600 a month, will TT allow it

    If I want to keep a car with a $600 payment will the TT object to it? It is a big payment but at this point I think that I won't be able to use my other car with a $200 payment because it's lease will be up the same day I file.
    I need to keep a vehicle until the 341 and then I plan to surrender it, but I have to have some car in order to have the payment for my expenses to qualify.
    Southern District of Florida
    Filed Ch 7 - 8/6/09 341 - 9/14/09
    Report of No Distribution - 9/18/09
    DISCHARGE ! 11/23/09 Closed 12/8/09

    #2
    That $600 is for secured credit. the trustee will not got after that.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      unless there is euity in it. if you owe 12k and the car is worth 16k then the trustee will go after your car.
      9/22/2009 - officially filed chapter 7
      11/03/2009 - scheduled 341 - COMPLETED
      01/04/2010 - last day for objections
      01/11/2010 - DISCHARGED & CLOSED

      Comment


        #4
        Originally posted by drowningNdebt View Post
        unless there is euity in it. if you owe 12k and the car is worth 16k then the trustee will go after your car.
        unless, of course, you are able to protect the equity with an exemption. That's what I did with my SUV here in CA. Owe 14K. Worth about 19-20K.

        Comment


          #5
          there is no equity...it is worth about what I owe. I am just concerned that they will think it is a luxury and not allow me to reaffirm.
          Southern District of Florida
          Filed Ch 7 - 8/6/09 341 - 9/14/09
          Report of No Distribution - 9/18/09
          DISCHARGE ! 11/23/09 Closed 12/8/09

          Comment


            #6
            Originally posted by doingpoorly View Post
            there is no equity...it is worth about what I owe. I am just concerned that they will think it is a luxury and not allow me to reaffirm.
            kinda depends on your district. if your definitly Ch-7 you get a maximum on the means test of $489 a month duduction. this is determined by using the formula (remaing loan balance/60 payments = monthly payment). so even though your actually paying $600 a month, for BK purposes it could be counted as much less depending on the remaining balance on the loan

            There is a poster in a district in Ga. that is having trouble with his TT over a $600 a month payment.

            I have 1 payment that is $590, but by the time I file, and using the formula it will be under the $489 allowed.
            Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

            Comment


              #7
              Originally posted by albacore44 View Post
              kinda depends on your district. if your definitly Ch-7 you get a maximum on the means test of $489 a month duduction. this is determined by using the formula (remaing loan balance/60 payments = monthly payment). so even though your actually paying $600 a month, for BK purposes it could be counted as much less depending on the remaining balance on the loan

              There is a poster in a district in Ga. that is having trouble with his TT over a $600 a month payment.

              I have 1 payment that is $590, but by the time I file, and using the formula it will be under the $489 allowed.
              Thanks for the info...now at least I can try to figure out which car to keep, although no one has posted to my dilemma about my other cars lease being up on the day I intend to file and how that will affect my ability to use it as an expense.
              Southern District of Florida
              Filed Ch 7 - 8/6/09 341 - 9/14/09
              Report of No Distribution - 9/18/09
              DISCHARGE ! 11/23/09 Closed 12/8/09

              Comment


                #8
                Originally posted by doingpoorly View Post
                Thanks for the info...now at least I can try to figure out which car to keep, although no one has posted to my dilemma about my other cars lease being up on the day I intend to file and how that will affect my ability to use it as an expense.
                Don't think you can. may I ask if you have an attourney ?? he should have done the means test and explained everything to you.
                Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                Comment


                  #9
                  Originally posted by albacore44 View Post
                  Don't think you can. may I ask if you have an attourney ?? he should have done the means test and explained everything to you.
                  I didn't realize it was a 30 mo lease instead of a 36 mo lease until last night. I thought I had more time with the vehicle, to be able to reaffirm it . I have an attorney, but won't be able to contact him until Tuesday next week. Now I wonder if I can get a lease extension now so that I can keep the leased car instead of the vehicle with the $600 a mo payment. ( I still have a good fico...although that will tank next month)
                  I have to have something to drive until at lease the 341 meeting where I will state my intent to reaffirm. After the 341 I may or may not actually reaffirm. I have not decided yet, really it boils down to wether or not I can gather enough money to buy a new used vehicle after the 341 or not.
                  Southern District of Florida
                  Filed Ch 7 - 8/6/09 341 - 9/14/09
                  Report of No Distribution - 9/18/09
                  DISCHARGE ! 11/23/09 Closed 12/8/09

                  Comment

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